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Planning appeal decision

Dismissed10 February 20233279182

7 East Road, Stratford, London, E15 3QS

Planning appeal 3279182 at 7 East Road, Stratford, London, E15 3QS (London Borough of Newham) was dismissed on 10 February 2023 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the use of the property changed to a Class C4 HMO at least ten years before the date of the application (16 April 2021) and then continued without material interruption for a period of at least ten years so as to meet the immunity period from enforcement action under s171B(3) of the 1990 Act.

lawful use of the property as a Class C4 HMO

Authority
London Borough of Newham
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Jones R
Postcode
E15 3QS

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the use of the property changed to a Class C4 HMO at least ten years before the date of the application (16 April 2021) and then continued without material interruption for a period of at least ten years so as to meet the immunity period from enforcement action under s171B(3) of the 1990 Act

What decided it

The property experienced a material interruption in its Class C4 HMO use between 2015 and 2020, reverting to Class C3 single household use, which prevented the ten-year continuous immunity period from being established.

The decision letter

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More decisions in London Borough of Newham

The authority’s record since 2016 · every decision in 2023

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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